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SPEECH 



T. J. EUSJC.OFTEXAS, 



* JL i tP t 



THE MEIICAN VAE. 






Delivered in the Sbitatb of the United States, February 17, 1848. 



WASHINGTON ; 

FRirrrrD by john t. toners, 

1848. 



SPEECH 



MR. T. J. RUSK, OF TEXAS, 



THE MEXICAN WAR. 



Dbliybred in tue Senate of the United State?, Fkbruahy 17, 1848. 

Mr. PuEsrDENT : When this bill was infrodticed, I had no disposition to 
trouble the Senate with any rennrks ; but the discussion has taken a much 
wider range iljan 1 anticipated, havincr gone imo ihe causes and conse- 
quences of the existing war with Mexico. It has been a?sunifd. on one 
side, tiiat tlie war was not begun by Mexico, but tliat ii was commenced 
by the unauihorized and unconstinnional act of the President of the United 
Stales. With a view to m;iiniain this posiiioti, a new boundary line has 
been assianed to 'I'exas, the Siate which I hrive the honor in pait to lepre- 
sent, which is said not to extend to the Rio Grande, its true boundary, as I 
am prepared to prove, but only to the river Nueces. The assumption, sir, 
of this position, renders it due to myself, due to the Slate of Texas, and due 
to the widows and orphans of some of the brave men who fell in omstrno-. 
gle with Mexico for our independence, that I should address the Senate 
particularly on this branch of the subject. Now, sii, I venture to assert 
that, when all the fa^-is shall have been UT^de known to the coun'ry, no 
clcaicr (jucslinn ever existed, than that iho Kio CJiande is the title boun- 
dary of 'j'exas. 

Before, however, I commence (he discussion of (he question of boundtiry, 
it may not, perhaps, be improper for me (o allude, briefly, (o the causes 
which led to the Texan revolution, and the subsecjuent struggle between 
that country and Mexico. I am aware, sir, that the people of Texas have 
been calmnniated, as a band of (.'ssfffssint, land jobbers^ and a set of God- 
forsaken^ reckless desperadoes^ and it seemeil, tlie oilier day, to afford (he 
honorable Senator from Vermont no small degree ol pleasure to rake up 
old newspaper articles, published ten or twelve years ago, rivalling, if they 
do not surpass, the plentiful abuse heaped upon us by the Mexicans thera- 
gelves duiing our contest, 

Mr. Upha.^i. I certainly did not read those papers for the purpose of re- 
flecting upon the character of the Texans. It was for the purpose of show- 
ing the views of the Democracy of the North at the time when annexation 
was first announced to the comitry. 

Mr. Rusk. I did not miderstand the Senator as endorsing (he statements, 
but siill, ihey prove the fact that such abuse has been lavished upon 
Texas, and is perhaps at present circulated. Now, sir, it is not necessary 
that I should rise in my place, for the purpose of defending (he character 
of the people of Texas from newspaper slanders. 1'lieir conducr, sir, is a 
suOicient vindication of them against such assaults, and ibe more their true 
character is known, the more will it be seea ihai they are entitled to respect 
and confidence. 1 will further venture to assert thiit, when ihe whole of 
the circumstances connected u'ilh her revolution and separation from Mex- 



The convention, which had in the meanwhile assembled at San Felipe, 
declared against the central govenmient, and protested against the miliiarj 
despotism of Santa Anna, and in favor of the constitution of 1824, inviting 
all the Stales of the confederacy to join them in restoring that constiiution 
and reclaiming their libeities. General Cos, who had been closely beseiged 
in his foriifications at San Antonio, capiiulated, after having been beaten. 
Many of the ciiizens who resided between theNneces and the Rio Grande, 
were attached to the army which captured General Cos. JN'ow, sir, I would 
ask, was it not right that we should include them in the benefits of our 
victory, and provide for their safety? I say, sir, would it have been just 
or honorable in those of us who resided east of the Nueces, to have pro- 
vided for our own security, and to have left those west of that river, from 
whom v,e hail leceived valuable aid, to the lender mercies of the Mexican 
Dictator? We did provide for their safety — many of them have since 
fallen — we have always asserted and stood by the rights of their widows 
and or])hans, and, anxious as we were for peace and a termination of the 
war with Mexico, there never has been a time when Texas Vv'ould not 
have hazarded her very existence as a nation, in any contest, however un- 
equal, rather than have abandoned them to the enemy. Life and liberty 
were the slakes for which we fought — mere territory was a secondary, very 
secondary consideration. These people had dared to resist the central 
power — they had perilled every thing and had joined us— had rendered im- 
portant services, and we had cheerfully accepted their aid in the hour of 
adversity, and I, for one, sir, think it was not di\cr editable to us that we re- 
garded their rights and stipulated for their security in our prosperity. Gen- 
eral Cos was forced to enter into a capitulation which protected the rights 
of those ciiizens, and which forms the first link in the chain of our tiile to 
the territory extending to the Rio Grande. Mr. President, I will ask the 
favor that the Secretary will read the copy of that instrument u'hich I hold 
in my hand. The Secretary read as follows : 

Capitulation entered into by Gen. Martin Perfecto de Cos, of, the permanent troopS, 
and Gen. Edward Burleson, of the colonial troops of Texas. 

Being desirous of preventing the further effusion of blood, and the ravages of civi 
war, we have agreed on the fullovving stipulations : 

1st. That General Cos and his officers retire with their arms and private property 
into the interior of the Republic, under parole of honor; that they will not in any 
way oppose the establishment ot the Federal Constitution of 1824. 

2d. That the one hundred infantry lately arrived with the convicts, the remnant of 
the battalion of Morelos, and the cavalry, retire with the General ; taking their arms 
and ten rounds of cartridges for their muskets. 

3d. That die General take the convicts lately brought in by Colonel Ugartachca 
beyond the Rio Grande. 

4ih. That it is discretionary with the troops to follow their General, remain, or go 
to such point as they may deem proper; but in case they should, all or any of them, 
separate, they are to have their arms, &c. 

5th. That all the public property, money, arms, and munitions of war, be invea- 
toried and delivered to General Burleson. 

6ih. That all private property be restored to its proper owners. 

7th. That three officers of each army be appointed to make out the inventory, and 
see that the terms of capitulation be carried into effect. 

8ih. That three ollicers on the part of General Cos remain for the purpose ol deli- 
vering over the said property, stores, &c. 

9ih. That General Cos with his force, for the present, occupy the Alamo; and 
General Burleson, with his force, occupy the town of Bexar; and that the soldiers of 
neither party pass to ilie other, armed. 

lOih, General Cos shall, within six days from the date hereof, remove his foree 
from the garrison he now occupies. 



Hth. In addition to the arms be''ore mentioned, General Cos shall be pernaitted to 
take with his fierce, a four pounder and ten rounds of powder and ball. 

12th. The officers appointed to make the inventory and delivery of the stores, &c., 
ihall enter upon the duties to which they have been appointed forthvviih. 
13lh. 'I he citizens shall be protected in their persons and property. 
14th. General Uurleson will furnish General Cos with such provisions as can be 
obtajned, necessary for his troops to the Hio Gran'ic, at the ordinary price of the country. 
15th. The sick and wounded of General Cos's army, together with a surgeon arid 
attendants, are permitted lo remaia. 

loth. No person, eiiher citizen or soldier, to be molested on account of his political 
opinions hitherto expressed. 

17th. That duplicates of this capiulaiion be mnde out in Castilian and English, and 
signed by the Comniissionefs appointed, and ratified by the commanders of both armies. 
]8lh. The prisoners of both armie?, up to this day, shall be put at liberty. 
19ih. 'ihe Commissioners, Josu Juan Sanchez, adjutant inspector, Don Ramon 
Musquiz, and Lieutenant Francisco Rada, and interpreter Don Miguel Arcioiega, 
appointed by the commandant and inspector General .Vlariin Perfecto de Cos in con- 
neciion with Colonel F. W. Johnson, Major R. C. Morris, and Captain J. G. Swisher, 
and interpreter, John Cameron, appointed on the part of General Edward Burleson ; 
after a long and serious discussion, adopted the eighteen preceding articles, reserving 
their ratification by the Generals of both armies. 

In virtue of which, we hare signed this instrument in the city of Eexar, on the 11th 
■of December, 1S35. 

(Signed.) JOSE JUAN SANCHEZ, 

RAMON MUSQUIZ, 
J. FRANCISCO DE RADA, 
MIGUEL ARCINIEGA, Inlerpreler. 
F. W. JOHNSON, 
ROBEKT C. MORRIS, 
JAMRS G. SWISHER, 
JOHN CAMERON, Interpreter. 
I consent and will observe the abore articles. 

(Signed ) MARTIN PERFECTO DE COS, 

Ratified and approved. 

(Signed) EDWARD BURLESON, 

Commander in Chief af the Volunteer Army. 
A true copy. EDWARD BURLESON, 

Commander in Chief. 

General Cos, sir, with his convicts and soldiers, retired to the west bank 
of the Rio Grande. 

Thus, sir, the citizens of Texas, east of the Rio Grande, had, eo far, 
successftilly resisted the change of government. The raihiary despotism 
had no fooihold remaining on this side of that stream. Up lo this time 
we had been contending for (he constitution, which had been overthrown, 
•and not for a separate national existence. 

Santa Anna, bent upon the possession of absolute power, was not fo be 
thus baulked in his views. He immediately mustered a large and well 
appointed aimy, and at its head, put himself e/i rouie^l'or our exlerminaiion. 
He could not remain quiet while a few freemen on this side of the Rio 
Grande were in the enjoyment of rational liberty, and would not how and 
woiship at the footstool of his power, "^rhe rest of Mexico had snbmilted ; 
no response to the shout of consiituiional liberty reached us from beyond 
the Rio Grande. Santa Anna was rapidly advancing upon us, threatening 
extermination, and we had no alternative left, but to assume a separate na- 
tional existence. A convention was accordingly called in haste, to which 
the people between the Nueces iiiul (he Rio Grande sent delegates. We 
declared our independence — appealed to the civilized world for the justice 
of our cause — and trtisting to the God of buttles, put ouisulves in posiiioa 



8, 

to defend our rights. Santa Anna advanced with great rapidit}^, and th© 
first blood that flowed in this campaign was shed upon the territory between 
the Nueces and the Rio Grande. The Alamo was sunounded, and its 
brave defenders, to a man, perished by the sword. Fanning surrendered, 
and, in violation of the most solemn stipulations for the safety of his com- 
mand, he, and his gallant men were inhumanly butchered in cold blood. 
Most of the male inhabitants of the conntiy west of the Nueces found 
bloody but honorable graves. Santa Anna continued his rapid advance, 
spreading ruin and devasiaiion on his path. He was met at San Jacinto 
by seven hundred and eighty freemen, and the result is before the world — 
half of his force was slain, the remainder, includingf himself, captured. 

Santa Anna now occupied a delicate position. His life justly forfeited 
to us, was held by a doubtful tenure. His Government at home was un- 
popular with the great mass of the people; The only support upon which 
he could rely for political existence, was the army at ditierent points in 
Texas, now reduced to some five thousand men, under the command of 
General Filisola. To save his own life, the remnant of his army, and his 
Government were important objects. Only the day before, he was the 
Government of Mexico, now he was di prisoner. He obtained permission 
and wrote to General Filisola, who, in his answer, promised to obey impli- 
citly all orders which he should give him. Santa Anna at once proposed 
to General Houston and the Secretaiy of War, then in camp, to acknowl- 
edge the independence of Texas extending to the Rio Grande. They de- 
clined to enter into negoiiaiions, and turned Santa Anna over to the civil 
government, (v/hich consisted of a President and cabinet, ad interim^ 
elected for the emergency, by the convention.) Santa Anna urged them 
to enter into negotiations with him, which they did, and which treaty 
(here a Senator remaiked that it was not a treaty.) I think it was a treaty, 
sir, and I shall have occasion further to remark upon it herealter. I send 
it to the Secretary's desk for the purpose of having it read. 

Articles of agreement arid solemn compact, made and adopted by David G. Burnet, 
President of the Republic of Texas, and the undersigned members of ihe Cabinet 
thereof, on the one part, and Don Antonio Lopez de Santa Anna, President of the 
Republic of Mexico, and Don Vieenle Filisoia, General of Divisions, Doa Jose 
Urea, Don Joachin Raraires y Sesma, and Don Antonio Gaona, Generals of Brigades, 
of the armies of Mexico. 

Whereas, the President Santa Anna, with divers officers of his late army, is a 
prisoner of v/ar in charge of the army of Texas, and is desirous of terminating the 
contest now existing between the Government of Texas, and that of Mexico, in which 
desire the Generals above named do fully concur ; and 

Whereas, The President of the Republic of Texas and the Cabinet, are also willingf 
to stay the further effusion of blood, and to see the two neighbouring Republics placed 
in relations of friendship on terras of reciprocal advantage; 

Therefore, it is agreed by the President Santa Anna, and the Generals Don Vincente 
Filisola, Don Jose Urea, Don Joachin Ramires y Sesma and Don Antonio Gaona, 

1st. That the armies of Mexico shall, with all practicable expedition, evacuate the 
territory of Texas, and retire to Monterey, beyond the Kio Grande. 

2d. That the armies, in their retreat, shall abstain from all pillage and devastation, 
and shall not molest any of the ciiizens of Texas, and shall not carry with them any 
cattle or other stock, more than may be absolutely neceS'Sary for their subsisience, for 
which a just price shall be paid. That all private property ihat may have been cap- 
tured by either detachment of the army, shall be deposited at the first convenient point 
of their march, and lel't under a sufficient guard until the proper authorities of Texas 
shall have possession thereof 

3d. That the army of Texas are to march westwarJly, and to occupy such posts as 
the commanding General may think proper, oa the east side of the Rio Grande, or 
Rio Bravo del Norte. 



4th. That the President Santa Anna, in liis official character as chief of the Mexi- 
can nation, and the Generals Don Vincente Filisoia, Don Jose Urea, Don Joachin Ra- 
mires y Sesma, and Don Antonio Gaona, as chiefs of armies, do solemnly acknow- 
ledge, sanction, and ratify, the full, entire, and perfect independence of the Republic 
of Texas, with such boundaries as are hereafter set forth and agreed upon for the same. 
And they do solemnly and respectfully pledge themselves, with all their personal and 
official attributes, to procure witiiout delay, the final and complete rati6cation and con- 
firmation of this agreement, and all the parts thereof, by the proper and legitimate 
Government of Mexico, by the incorporation of the same into a solemn and perpetnal 
treaty of amity and commerce to be negotiated with thit Government at the city of 
Mexico, by Ministers Plenipotentiary to be deputed by the Government of Texas for 
this high purpose. 

oih. That the following be, and the same are herebj established and made the lines 
of demsrcaiion between the two Republic? of Mexico and Texas, to wit : The line 
shall commence at the estuary or mouth of the Rio Grande, on the western bank there- 
of, and shall pursue the same bank up the said river, to the point where the river as- 
sun^ies the name of the Rio Bravo del Norte, from which point it shall proceed on the 
said western bank to the head waters, or source of said river, it being understood that 
the terms Rio Grande and Rio Bravo del Norte, apply to and designate one and the 
same stream. From the source of said river, the principal head branch being takea 
to ascertain that source, a due north line shall be run until it shall intersect the boun- 
dary line established and described in the treaty negotiated by and between the Go- 
vernment of Spain and the Government of the United States of the North ; which line 
was subsequently transferred to and adopted in the treaty of limits made between the 
Government of RIexico and that of the United States; and from this point of inter- 
section the line shall be the same as was made and established in and by the several 
treaties above mentioned, to continue to the mouth or outlet of the Sabine river, and 
from thence to the Gulf of Mexico. 

6th. That all prisoners taken by the forces of Mexico be forthwith released, and 
be furnished with free passports to return to their homes; their clothing and small 
arms to be restored to them. 

7ih. That all the fortresses of Texas be forth", ith restored without dilapidation, 
and wih all the artillery and munitions of war belonginij to them respectively. 

8th. The President and Cabinet of the Republic of Texas, exercising the high pow- 
ers confided to thei:!i by the people of Texas, do, for and in consideration of the fore- 
going stipulation, solemnly engage to refrain from taking the life of the President 
Santa Anna, and of the several officers of his late army, whom the events of war 
have made prisoners in their hands, and to liberate the President Santa Anna, with 
his private Secretary, and cause him to be conveyed in one of the national vessels of 
Texas to Vera Cruz, in order that he may more promptly and effectually obtain the 
ratification of this compact, and the negotiations of the definitive treaty herein contem- 
plated by the Government of Mexico with the Government of Texas. 

9th. The release of the President Santa Anna, shall be made immediately on re- 
ceiving the signatures of the Generals Don Vincente Filisoia, Don Jose Urea, Don Jo*- 
chin Ramires y Sesma, and Dna Antonio Gaona, to this agreement, and his convey- 
ance to Vera Cruz as soon afterwards as may be convenient. 

10th. The President Santa Anna, and the Generals Don Vincente Filisoia, Don 
Jose Urea, Don Joachin Ramires y Sesma, and Don Antonio Gaona, do, by this act of 
subscribing this in.strumenl, severally and solemnly pledge themselves on their invio- 
lable parole of houor, that in the event the Mexican Government shall refuse or omit 
to execute, ratify, confirm, and perfect this agreement, they will not, on any occasion 
whatever, take up arms against the people of Texas, or any porti jn of them, but will 
consider themselves bound, by every sacred obligation, to abstain from all hostility 
towards Texas or its citizens 

11th. That the other Mexican officers, prisoners with the Government of Texas, 
shall remain in custody, as hostages, lor the faithful performance of this agreement, 
and shall be treated v/ith humanity, and the respect due their rank and condition, until 
the final disposition of the Mexican Government be ascertained, and a treaty to be 
predicated upon the above stipulations, shall be made or rejected by that Government. 
In the event of a refusal to enter into and ratify such a treaty, on the part of the Mexi- 
can Government, the Government of Texas reserves to itself the right to dispose of 
them as they may think proper and equitable, relative to the conduct of the Mexican 
forces towards the volunteers and soldiers of Texas, who have heretofore fallen into 
iheir hands. 



10 

12tli. The high contractinj^ parties mutually agree to refer the treaty intended tc 
be executed and solemnized by the two Governnnents of Texas and of Mexico, on the 
basis esiahlished in this compact, to the Government of the United Stanet of the North, 
and to solicit the guarantee of that Government for the fulfilment, by the contracting 
parlies res|)eclively, of their several engagements: the said parties pledging them- 
selves, in case of any disagreement or detalcaiion, to submit all matters in controversy 
to the final decision and adjustment of that Government. For this purpose the con- 
traclinff parties shall, as soon as practicable after the ratification of said treaty, depute 
one or more Commissioners to the Court of Washington, invested with plenary powers 
to perfect the object of this stipulation. 

13th. Any act of iiosiility on tlie part of the retreating Mexican troops, or any depre- 
dation upon public or private properly committed by those troops, or any impediment 
presented to the occupation of any part of the territory of Texas, by the forces there- 
of, on the part of the Mexican troops, shall be considered a violation of this agreement. 

This is the second link in the chain of our title. This treaty^ sir, was 
forwarded to me, (at that time in command of the Texan army,) and was 
transmitted bv me to Gen. Filisola, who confirmed it. Its terms were 
strictly coinpHed with; Gen. Filisola retiring with tiie army (o (he other 
side of the Rio Grande, unmolested ; and the Texan force taking posses- 
sion. 

I grant you, sir, that Santa Anna was, a( (he lime lie executed this trea- 
ty, a prisoner of war — that he was under duress^ if you please ; that one 
of its objects was to save his life tuitl procure his liberty ; but I rnost posi- 
tively deny that it was extorted fiom him. On the contrary, it was ai his 
most earnest soliciiaiion, repeated and pressed for several days, that the 
Government of Texas consented to enter into it. lis obligations were mu- 
tual upon Textis and upon Mexico; its benefiis weremuiutd. Texas was 
to acqiiiie the independence of all the terriioty east of the Rio Grande. 
Mexico, on her pari, was to save the life of her President, and save her ar- 
my, which was panic stricken and completely in our power. I might ad- 
duce many facts lo show that this was strictly true. I will not, Iiowever, 
waste the time of the Senate further than to state one circumstance, which 
was, liial Gen. Amptidia, who has figured in the piesenl war, siu'rendered 
the rear gtiard of ihe Mexican army, consisting of four hiuuhed men \v'\i\\ 
eight pieces of artillery, lo Capiain Karnes, at the head of twenty-five Tex- 
an troops, the main body of our aririy being forty utiles oif, wiiii the river 
Biazas between us. Mexico saved, by the truce, her army, and by that 
means her Government. She saved the life and procured the liberty of 
Santa Anna. If Santa Anna was a prisoner and under duress, Filisola, 
the second in command, was free — was in Texas, at the head of five or six 
thousand men, with upwardsof fifty piecesof artillery, with provisions and 
mnnitions of war in abundance. Our force did not exceed one thousand 
men, and we had but two pieces of ariilleiy. Filisola, under tliese cir- 
cutrisiancos, sanciioned the treaiy and coinmunicaled it to his Government, 
which remained quiet until their army was safe on the other side of the Rio 
Grande. 

I do not intend to lay much stress upon this treaty, as I believe our title 
to be clear and unquestionable independently of it, but, sir, I will leave 
it to every candid mind to decide whether it be fair, just, and equitable, to 
permit Mexico lo avail herself of all ilie benefits which resulted to her, 
and iben turn round and repudiate the obligations imposed upon her. If 
this be a principle of the law of nations it is new to me, and if it be found- 
ed on any principle oi justice, I have not, I confess, sufficient penetration 
to discover in what way. If, sir, an agent, unauthorized, if you please lo 



11 

have it so, should sell a tract of your land, at a fair price, and you do not 
disavow his act, but g-o on and receive the full consideration n^recd upon and 
appropriate it to you.i own purposes, is there any court of equity in the 
world that would not enforce (he contract, as between you and the pur- 
chaser of the land? I ihink not, sir. But we are not forced lo rest our 
cause here. We are amply sustained in our claim, not only by our own 
declarations and acts, but by the declarations and acts of Mexico subse- 
quently. After Filisola had a!)andoned the territory in question, General 
Felix Huston, with a detachment of Texan troops, look possession, and 
kept the Mexican forces on (he other side of the Bravo. Up to this time 
tlie Mexicans had always maintained a garrison at Loredo, a town on this 
side of the river. It was necessary for (he defence of tlie inhabitants. 
But, sir, immediately after General Filisola had retired with his army, they 
removed this garrison to the oiher bank of the river, where it remained up 
to (he commencement of the present war. The Texan Congress passed 
an act at its first session, in 1836, declaring our boundary to be the Rio 
Grande, and of (his assertion of our claim Mexico and (he whole world 
were notified. We laid off counties and conferred civil jurisdiction, es- 
tablished land offices, and sent troops there. The Mexicans always kept 
their forces on the other side of tlie river, at Mutamoras, Mier, and opposite 
Loredo, at all of which places garrisons were permanently kept up, and 
never afterwards on (his side. It is true they twice crossed the river and 
penetiated a far as San Antonio, but were immediately driven back. On both, 
of these occasions they did not halt in the neighborhood of the Rio Giande^ 
but retired into (he interior. Our troops frequently crossed and penetrated 
the towns on (he other side. In [S43, an armistice was agreed upon be- 
tween the Governments of Mexico and Texas, which was broken off in 
(he early part of ]S44. Gen. WoU was ordered by Santa iVnna lo pro- 
claim the nrmistice to be at an end, and he did so, under dale of the 20th 
June, 1844. I read the concluding paragraph of that proclamation : 

"3cl. Every individual who shall be found at the distance of one league from the 
left bank of the Rio Bravo, v/ill be regarded as atavorer and accomplice of the usurp. 
ers of that part of the national territory, and as a traitor to his coiuiiry, and, after a 
summary military trial, sliall be punished as such. 

(Signed) ADRIAN WOLL, Gen. of Brigade." 

Now, sir, if (he citizens on this side of the Rio Giande were citizens qS 
Mexico or Tamaulipas, if they had a custom-house and had possession, a- 
has been stated, is it not a little unieasotiable that Gen. WoK should de 
nounce the citizens of Tamaulipas, the custom-house officers of his owq 
Government, as " traitors," and subject then>to capital punishment ? 

It has been said the Mexicans liad a custom house at Brozos Santiago, 
and that Gen. Taylor found a custom-house at Point Isabel, which (he 
Mexicans abandoned and burnt at his approach. Now, sir, the (ruth is (hat 
the custom-house was at Matamoras and (he collector of customs resided 
there. It was there that the duties were paid on goods landed at Brazos 
Santiago, or at the mouth of the Rio Giande, on the west side, where, 
in fact, most of the merchandise intended for (he Matamoras market was 
landed. I believe it is true that (he collector did, occasionally, send his 
deputies to Point Isabel and Bruzos Santiago, and they were sometimes ac- 
companied by a military guard. I recollect upon one occasion sevi rai hun- 
dred soldiers were sent" down to the latter place. The Mexican Govern- 
. ment had, previously to our declaration of independence, passed a law de- 



12 

daring the ports of Texas closed against foreign cominerce, which law re- 
mained unrepealed. In 1837, the Mexican Government procured what 
they called a navy, consisting of some three or four ships, one of which, I 
recollect, the "General Urea,'' came down (o our coast, and captured one 
or two vessels owned by American citizens, and loaded with merchandize 
belonging to American merchants, and destined for the Texan trade. 
These vessels were carried to Brazos Santiago. In a few days the com- 
mander of the U. S. ship Natchez, on her way home from a cruize, seeing 
these vessels in the harbor, demanded of the captain of the " General Urea" 
for what cause they were detained. He was informed that they were prizes 
captured in an attempt to violate the blockade of Texas. The comman- 
der of the Natchez, not being apprized of any blockade, demandeti that a 
copy of the proclamation of blockade should be furnished. They were 
obliged to send up to Matamoras to Gen. Bravo, the collector, for it, and, 
when it was furnished, it turned out to be nothing more than a certified 
copy of the old law of 1835, closing the ports of Texas against foreign 
commerce. The conuuander of the Natchez would not recognize this as 
a blockade, and demanded that the American vessels should be released. 
This was refused, and the Natchez captured the Urea. A gieat parade was 
now made on shore, troops were collected, cannon fired at the Natchez, 
which was, however, beyond the reach of their shot; the goods were con- 
fiscated, and many of the n)en on board the vessels were marched to Mata- 
moras and imprisoned. The commander of the Na'chez brought the Gene- 
ral Urea to Pensacola and reported the whole affair to his Government. 
The matter ended, I think, in the release of the General Urea, and I am 
not suie that an apology was not made to the Mexican authorities. 

But, sir, the Nueces boundary had its oriirin here. No act of the Mexi- 
can Government, nor declaraiion of any Mexican officer can be produced, 
showing that Mexico has, upon any occasion, since 1836, claimed the ter- 
ritory between the Nueces and Rio Bravo, by any other or different title 
than that set up by them to the country as far as the Sabine. I might ad- 
duce many other facts in support of this position ; but I will only trcul^le 
the Senate with one more, which is this : General Santa Anna, on the 27tli 
of February, 1847, in his report of the battle of Buena Vista, holds the 
following Ian2fua2:e : 

" From the impression we had made on the enemy, he did not appear before us for 
three days ; the bearer of a tiag of truce, however, arrived with a proposition from Gen. 
Taylor, for an exchange of prisoners, and for our sending for the wounded who had re- 
mained on the field. He also expressed to me the desire which the Americans feh for 
the re-establishment of peace. I replied, in order that he might say the same to his Gen- 
eral, that we sustained the most sacred of causes, the defence of our territory, and the 
preservation of our nationality and rights, that we were not the aggressors, and that 
our Government had never oiiended [hat of the United States. 1 observed that we 
could say nothing of peace, while the Americans were on thi^ side of the Bravo, or 
occupied any part of the Mexican territory, or blockaded our ports; and that we were 
resolved to perish or vindicate our rights, that fortune might not be always favorable 
to the enemy, and the experience of the 22d and 23d should convince them that it 
could change." 

Now, sir, if these facts do not constitute a valid tide in Texas to the 
tenitory as far as the Rio Grande,T frankly confess that I am incapable of 
forming a conclusion as to what would constitute such a title. 

Texas solemnly claimed that territory, and every act on her part is per- 
fecdy consistent with that claim. Mexico has disclaimed it, except as a 



13 

part of Texas, all of which she claimed, and all her acts have been per- 
fectly consistent with this disavowal. 

The title then having been, as I assert, in Texas at the time of (he an- 
nexation, she surrendered to this Government the right to assert and main- 
tain her claim, as she could not, consistently with the constitution, herself 
muster a force to protect her soil from the pollution of a foreign foe, and 
her citizens fioin outrage. It follows then that the President of the United 
States was not only at liberty, but was bound, solemnly bound, by the con- 
stitution and laws, as well as his oath of office, to protect the citizens of 
Texas against, not only a threatened, but an actual invasion, for General 
Taylor found the Mexican troops upon the territory in question, on his 
march to the Rio Griiude. He would liave been highly culpable and 
justly chargeable with all the consequences, had he failed to do so. 

It may, perhaps, Mr. President, be proper, before I proceed further, to 
say somethir.g in regard to the claim of Texas to Santa Fe. 
(A Senator. — Yes, let us liear something about that.) 
Mr. Rusk. Tliis, sir, is the more necessary, inasmuch as I see by the 
newspapers that an attempt is now being made to establish a terniorial 
government of the United Stales there, irrespective of the claim of Texas. 
Santa Fe, sir, is east of the Rio Grande, and is included within the limits 
prescribed for 'i'exas, in the treaty with Santa Anna. It is included in our 
territory by a law passed by the Texan Congress, in the year 1S36, so that 
at the lime of annexation, Texas and Mexico claimed the territory. This 
Governnient was fully apprized of this claim, as the resolutions of annex- 
ation show. The United Stales consented to become the judge upon the 
question of boundary between Texas and Mexico. This country has no 
claim except that growing out of amiexation. Tliis Government has taken 
possession, and it v/ould be a new principle, that the judge, to whom a 
controversy has been submitted, shall seize ihe thing which is the subject 
of the dispute and a|)nropri;ite it to his own use. [ think I have seen such 
a decision in a newspaper, but I believe it is nov/here to be found in the 
books. 

Mr. President, we are so constituted by natme, that when a war is once 
begun, our attention is so much absorbed by the stirring scenes that attend 
it, and the consequences which spiing from it, that we lose sight, in, a 
groat degree, ot tlie causes which immediately preceded and led to the 
result. And, sir, the truth of this proposition is jreculiarly illustrated in 
the case tmder consideration. It has been boldly charged on the one side, 
and resolutely denied on the other, that this war was not commenced by 
Mexico, but, by the President of the United States. Lotus, sir, go back for 
a moment, to die circumstances wliich immediately preceded its commence- 
ment. Every act of the President sliows, I llu'nk, most conclusively, that 
he was extremely solicitous to avoid a ccillisiou with Mexico. 

It had been asserted, repeatedly asserted, that to annex Texas was an 
act of war, or would inevitably lead to a war. The President thought 
otherwise, and did every thing in his power to avoid such a result. He 
sent a minister who was thought to be, personally^ more acceptable than 
any other to negotiate with Mexico, Her minister had left Washington 
in high dudgeon, and she indignantly refused te receive our representative, 
or to listen \o terms, declaring,"in the face of a truth of twelve years stand- 
ing, ihat Texas was her province. Her Government denounced that of the 
United Slates ; declared its determination to go to war, and made every 



14 

preparation to do so ; strengthened her army, and commenced its concen- 
traiion upon the Kio Grande. Thus matters stood at the beginning of the 
year 1846. 

General Taylor, in a despatch to the Secretary of War, dated at Corpus 
Christi, on the 4ih of October, 1845, had, very properly, as I think, re- 
commended a moveirienl to the Rio Grande. In his communication, the 
General says : 

" Sir, I beg leave to suggest some considerations in relation to the present position 
of our force and the disposition which may become necessary for the more efl'ectual 
prosecution of the objecis for which it has been concentrated." 

After giving at full length the reasons for the recommendation which he 
was about to make, he proceeds to say : 

" For these reasons our position thus far has, 1 think, been the best possible; 
but now that the entire force will soon be concentrated, it Biay well be a question 
whether the views of Government will be best carried out by our remaining at this 
point. It is with great deference that I make any suggestions on topics which may 
become matters of delicate negotiations; but if our Government, in settling the ques- 
tion of boundary, makes the line of the Rio Grande an ultimatum, I cannot doubt 
that the settlement will be greally facilitated and hastened by our taking possession, 
at once, of one or two points, on'or quite near that river; our strength and state of pre- 
paration should be displayed in a manner not to be mistaken. However salutary may 
be the effect produced upon the border people_ by our presence here, we are too far 
from the frontier to impress the Government of Mexico with our readiness to vindicate, 
by force of arms, if necessary, our title to the country as far as the Rio Grande. The 
" army of occupation" will in a few days be concentrated at this point, in condition 
for vigorous and effective service. Mexico, as yet, having made no positive declara- 
tion of war, or committed any act of hostilities, I do not feel at liberty, under my 
instructions, particularly those of July the 8th, to make a forward movement to the 
Rio Grande, without authority from the War Department." 

The President very properly adopted the suggestion of General Taylor, 
and oideied the troops to the Rio Grande, insiruciing that officer lo avoid 
every thing calculated to lead to a collision. On the 21st of March, 1846, 
General Taylor was met at the Colorado, by the fvlexican troops, and or- 
dered peremptorily not to cross that river. Now sir, to which party is that 
principle of the law of nations applicable, which declares that for either 
parly lo take armed possession of a territory in dispute, is an act of war? 
On the 28ih of the same month two of General Taylor's dragoons were 
taken prisoners, and a- bugler boy robbed of his horse by the Mexican 
troops. On the day abovenamed. General Mejia refused to leceive a com- 
munication froin General Taylor, and on the lOih of April, Colonel Cross 
was missing, and, in a few days his body was found shockingly mutilated. 
On the 12ih, General Ampudia arrived at Matamoras, and peremptorily or- 
dered General Taylor to retire. Taylor declined to do so, but expiessed 
the wish of his Government for a peaceable adjustment of all difficidties. 
On the 18th, Lieutenant Porter, with a small party of our troops, was at- 
tacked, and after being disabled by a wound was butchered. On the 15ih, 
General Taylor was so well satisfied ot the hostile intentions of the enemy, 
that he blockaded up the mouth of the Rio Grande, in order to cut off sup- 
plies that were expected by them. On the 24th, General Ampudia de- 
manded that the blockade should be raised, the American General re- 
fused. On the same day. General Aiista arrived at Matamoras, and on the 
26th Captiun Thornton, in command of forty-five dragoons, was attacked 
by Tonejon, with a force of over two tliousand, and two sergeants and 
eight privates were killed. On tlie 2Sth, Captain Walker was attacked by 



15 

a large force of Mexicans, On the 1st of May, an unarmed family of six- 
leen persons, two of whom were females, were taken prisoners at the Colo- 
rado, by the Mexicans, tied together in pairs, (he women ^oui raged, 
and (heir throats cut, and leftio rot upon (he prairie. Mr. President, Texas 
sntfered much at the hands of Mexico — prisoners have been bu(cheied in 
cold blood, confined in Mexican dungeons and slarved : but, sir, we had 
to submit to no such outrage as this ; and, sir, such an insult, if it had not 
been washed out with blood, and had been left unavenged bv the President 
of these United States, would have caused every American heart to (urn 
from him with loathing and disgust. Who is there in all this broad land 
that would have cried " forbear," or could have expected the Executive 
again to entreat the Mexicans to negotiate? Not one, sir; no, not one. 

The battles of the Sth and 9th followed, and who is there that, even if he 
could do so, would be wilHng to blot these and the brilliant victories which 
have followed in quick succession, from the pages of our country's history? 
The President, sir, has been blamed for alluding to the injiuies and insults 
infiicted upon us by Mexico. If there be any blame attaching to him, I 
(hink ii. is for (oo great forbearance in this matter. Mexico has, sir, for the 
last twenty years, robbed your fellow citizens of their property and impris- 
oned their persons, in violation of solemn treaties. She lias met their de- 
mands upon her for re(h"ess with insult and indifference, until they have 
ceased to appeal to you for redress. In Mexico, sir, ever since she has had 
a Government of her own, to claim to be an American citizen, was sure to 
result in confiscation of property and imprisonment of person, while to 
claim (0 be ati Knglish or a French subject, was to unbar the doors of her 
dungeons. How different in this respect, has been the conduct of the 
French Government from that of our own. When redress was refused for 
injuries inflicted upon French citizens, the Government of France did not 
stop to parley and negotiate. She battered down the walls of the castle of 
San Juan d'Ulloa, and the proud Castilian blood, about which we have 
heard so much, instantly yielded to the demands of justice. 

It is, sir, a beautiful feature in (he policy of the British Government, that she 
never fails to redress (he grievances of the lowliest as well as the proudest of 
her subjects, and hence arisesthat deep-seated, enthusiastic attachment, which 
a British subject always feels to the institutions of his country. He may 
perish, sir, in a far distant land, beneath the scourge of the oppressor, but 
his dying moments are cheered by the assurance thai his Government will 
exact ample redress for the wrongs inflicted upon him, and his last aspiration 
on earth will be for his country. 

I hope the day will come when an American citizen will look with a 
similar confidence (o his Government ; but, sir, it pains me (o say it, hith- 
erto it has been far otherwise. 

I might allude to (he many instances of oppression prac(ised on Ameri- 
can citizens by Mexican officers, but, sir, it would take volumes (o record 
them all, and 1 feel safe in hazarding (he asserdon, that no single year has 
passed within the last twenty, during which (he dungeons of Mexico have 
not con(ained American citizens, incarcerated without fault or crime justly 
imputable to them. This, sir, is but a feeble sketch of (he course of the 
Government of Mexico, in behalf of whom so mucli sympathy is invoked 
from (he people of the United States. 

But, Mr. President, we are in the midst of a war. That it exists, is a 
matter of regret to all, and the sooner it can be brought to a close the better. 



16 

It is my opinion that, if the President had been properly sustained, it would 
have been terminated long since. I believe that otir own differences of 
opinion have had tlie effect of prolonging- ihis war •, but you will allow me, 
Mr. President, here to say, at the same time, I believe that tliose who con- 
tend that it was unconsliiutionally and improperly begun, are as sincere and 
as patriotic as i chaim to be myself, in holding the opposite opinion. It is, 
sir, an honest difference of opinion concerning momentous questions, upon 
which a final judgment has not yet been pronounced. But, sir, the 
Mexicans are a peculiar people; ihey cannot appreciate the American 
character, nor can they realize the beautiful sentiment uttered by the hon- 
orable Senator from Kentucky, (Mr. Crittenden,) as true as it was 
beautiful, and expressed in a style so peculiarly his own,v/hen he said, "in 
making the law we have many voices — in its execulion but one arm." 
The truth of this position, sir, has been most triumphantly proved upon the 
hard-fousfht fields, where both Whigs and Democrats have noblv borne the 
standard of their country victoriously onward, to (he centre of Mexico. 
But, sir, it is an old adage, that drowning men will catch at straws. The 
Mexicans know that many of the most prominent men in our country 
believe the v/ar to have been improperly begun, and that our army ought 
to be withdrawn from their country ; and, knowing them as I do, 1 am not 
astonished at the unfortunate hopes they entertain, growing out of our po- 
litical differences of opinion. They know that party changes have taken 
place, that we are upon the eve of important elections, and they hope at 
least, if they do not believe, that something may transpire favorable for 
them. If the President, sir, cotild have felt at the beginning, that he was 
fully sustained, I am of opinion the war would now h.ave been at an end. 

But, Mr. President, the question at present is how we arc to terminate 
this most advantageously. Three plans have been suggested : 

1st. To withdraw our troops from Mexico altogether. 

2d. To take a defensive line, and concentrate our troops upon it. 

3d. To prosecute the war with vigor, vrntil Mexico shall become con- 
vinced of the necessity of rendering to us justice, and shall do so. 

To tlie first proposition, Mr. President, 1 cannot agree. Aside from the 
disgrace which, as I think, we should incur by pursuing a course which 
would be a tacit acknowledgment, before the whole civilized world, that 
•the war had been improperly begun, such a policy would be one of the 
greatest misfortunes that could occur to the United States. That it would 
be one of the worst things that could happen for Mexico' is beyond all 
question. If we were to withdraw our troops now, it would be to admit 
the truth of the charge which has been made, that the war was commenced 
for the purpose of land robbery. But, apart from all this, it would be a 
misfortune to the people of the United States, and a very great misfortune 
to thie people of Mexico themselves. I may, perhaps, be told that my fears 
are die, but I think otherwise. In such an event, what would be the in- 
evitable result? It would be that Mexico, in her present exhausted condi- 
tion, would immediately, in reality, if not in name, fall into the possession 
of some European power. Senators may suppose that this apprehension 
is a mere creature of the imagination, but I happen to know that, for the 
last ten or twelve years, Mexico has heen practically under the control, di- 
rectly or indirecrly, of the British Government. It is to this source that 
we must trace ihe prejudices which have existed against the North Ameri- 
cans. It is through the instrumentality of the military party of the coun- 



17 

fry, led on by ils chiefs, under the direclion of British influence?, (liat jow 
have been exchided from their n:!arkets, and lliai your ciiizens fiave been 
imprisoned and tlieir properly confiscaied. Tiiis is the true, but secret, rea- 
son why your trade with Mexico, which was formerly so flourishing-, amount- 
ino^to not less than eleven or twelve millions of dollars annually, has been 
reduced to, perhaps, less than a million of dollars. The British agents, 
sir, are always at work; they are never idle, nor are they so at this time. 
I am indebted to the o-aliant Lieut. Col. Fremont for some information ac- 
quired by him while acting as Governor of Cali.'"ornia, which has an im- 
portant bearins: upon ihis branch of my subject, and which will throw a 
great deal of light upon what is at present going on in Mexico There 
has been in progress in California, ever since ihe commencement of this 
war, a three fold operation, having its origin in the city of Mexico, and 
conducted by oflicial or unofficial agents of the British Government. In 
the first place, there h.ave been transfers of land, not only from individuals, 
but from churches, through which a transfer of the sovereignty of the coun- 
try lias been aiiempied, A junta, as it is called, or convention, had been 
sanctioned by the Governor of the province, to be'cailed to deliberate on 
the propriety of declaring (he inhabitants intVpeniient of Mexico, and seek- 
ing the protection of the British Governmeni. More than this. In the 
city of Mexico itself, a stupendous scheme had been devised by a Roman 
Catholic priest, named Macnamara, who, liaving obtained the sanction of 
the Mexican Government, was sent down to procuie a grant of three thou- 
sand square leagues of land in that province. The ecclesiastic was trans- 
ported to Monterey in a British national ship, and ihe grant was imme- 
diately sanctioned by ihe Government of California. 

Bui, sir, I will not anticipate the account which will be laid before the 
country, at the proper time, placing this transaction in its true light. It i& 
sufficient to say that, had it not been for timely and energetic aciion, Cali- 
fornia would have belonged, al this moment, to subjects of Great Britain, 
and the Biitish flag v/ould have been flying on all her forts. Senators will 
find these facts established i!e3»ond all doubl, in the course of a very few 
days. I will not take the tiouble to read any part of this giant, but I will 
append the precious document to the remarks which I now ofl^Br, in order 
that the country may be advised of what is going on in Mexico. 

These things are and have been in progress in Mexico ever since the 
commencement of our present difficulties, and ihere can be no question 
that the British Government would sanction and favor the taking posses- 
sion of that whole country by her subjects. When were the possession 
and sovereignty of a country ever offered to and refused by that Govern- 
ment? I would not like to see Mexico in that condition. 

There are various other reasons which induce me to believe that some- 
thing of ihis kind is in contemplation. I know something of Mexico, and 
I feel assured ihat our qrmy Jias already cnptured more small arms in that 
country than were in it at the commencement of the war. The vessels of 
foreign nations are constantly hovering off the coast, and the observations of 
fifteen years have taught me to anticpate the effect of the immediate with- 
drawal of our army from that country. It is known that Parades, th« 
avowed advocate of monarchical institutions, is now in Mexico, attempting 
to place some Etuopean prince upon the throne, or assume the kingly 
power himself. Should Santa Anna again get into power, the establish- 
ment of a monarchy will, in all probability, be the result. He has no 



sympatliies with the people, none whatever ; and revengeful and ambitiovis 
as he is, he wouUl not hesitaie lo make himself a king. He has not for- 
gotten iliai, when he was deprived of power, ihe popuhice took from its 
reslmir place ihe limb he had lost in their service, and (rcated it with the 
utmost iiidiirnitj. If he cannot enslave the people by his own power, he 
will readily join in any project which may elTect that object. Such is the 
temper of the Mexican people, Mr. President, that I feel convinced (hey 
will either establish a monarchy, with a native sovereign, or place them- 
selves under the dominion of some iMiropean Power. 

But, if there were no such thing as the establishment of a monarchy to 
be apprehended, are we willing, I would ask, to abandon the prosecution of 
this war, under tlie circumstances which have attended it. When we have 
proceeded thus far, without having been in error at the commencement or 
during the progress of the war— asking nothing but an honorable peace, 
with a reasonable indemnity, whicli our enemies have refused to grant on 
all occasions, or everj to talk about, arc we now to withdraw our troops 
without eirecling our object? General ^Paylor offered ihem peace — Gen- 
eral Scott has offered it, and the President has offered ii, over and over 
again, under circumstances which have almost made thetn objects of ridi- 
cule with the country. And yet we are told that the poor, cojifiding, mag- 
nanimous Mexican nation are suffering at our hands, and we ought to 
withdraw our troops. What will the world say in such an event? They 
may say we are a ma onaniinnus people, but must t/iinkwe liave very little 
judgment. We want peace and Mexico has utterly refused to make it, and 
I am unwilling to make a retrograde movement, until she is brought to her 
senses, and offers assurance of good behavior in future. 

It has been proposed that we shall adopt a defensive line. In my opin- 
ion, sir, the adoption of such a line will extend the duration of the war to 
an indefinite time. If we were to fall back and assume a line which should 
include what we are v/illing to accept as an indemnity for the losses and 
injuries sustained by us, and garrison it, what would be the consequence? 
Being relieved from the presence of our t*-my, Mexico will acquire the 
me;uis of operating against us. She will get the mines and revenues of 
the country, and will invoke foreign aid, and thus the war vi-ill become in- 
terminable, and may eventuate in bringing us into conflict with some for- 
eign and transatlantic power. 

My opinion, then, Mr. President, is, that we should prosecute this war 
with vigor, and that the necessary consequence of such vigorous prosecu- 
tion will be, to show the Mexicans that we are resolved to bring them to 
reason. They should be made to understand that they havt; nothing to ex- 
pect from our divisions at home, the nature and extent of which they do 
not know and cannot properly appreciate. If they see forty or fifty thou- 
sand men about to seize and occupy permanently their large cities and min- 
ing districts, they would soon be convinced, notwitlpstanding the approach 
of our Presidential election, that (heir only means of escape is the adoption 
of a treaty of peace which shall be satisfactory to this country. They do 
not know that any dilferences of political opinion which may exist among 
us, do not weaken the arm of any man wl)o serves his country. But it is 
said that Mexico is in our hands, that we have her already at our feet, that 
it is ungenerous to press her finther, and that we have already men enough 
in (hat country. All this may be true. Allusion has been made to the 
battle of Buena Vista. We have been told that we had men enough there 



19 

ie overcome the enemj, and gnin a victory tliat hns few parallels, if any, 
and that this was elfecied wiih a force of about six thousand men opposed 
to twenty thousand. This is all true, and if there had been but six hun- 
dred of our men there, General Taylor would not have retreated. He and 
his gallant followers would have mainiained their position ; ihey might 
have been slain where they stoofi, but would never have been beaten by 
Mexicans. It will be adniilted that if inslcad of six thousand, we had 
had twenty thousand men on the field, Santa Anna would never have 
escaped with the bulk of his army and his munitions of war. Had such 
been the case, I would ask, would the gallant, the chivalrous Clay, when 
lying mangled and bleeding on the battle-field, and unable to defend him- 
self, have been pinned to the earth by the lances of a brutal and dastardly 
soldiery. No, sir, end it is my belief, that the greater the energy with which 
we prosecnie this war, and the more commanding the force we place in the 
field, the less will be the sacrifice of human life, and the sooner will we 
bring the enemy to terius. 

I know, Mr. President, that great fears are entertained of the consequences 
likely to ensue from the taking of all Mexico, or any considerable portion 
of it. I confess that I entertain no such fears, but at the same time 1 would 
not insist upon any more of Mexico than ir.ay be necessary to alford us in- 
demnity for losses, and, at the same time, furnish a well-fotmded assurance 
that she will maintain a Government^ free in itself, and not liable to the in- 
terference or control of any foreign Government or their agents. I would 
be content with a fair indemnity, but would run tiie risk of the con- 
sequences of taking the whole country, rather than to see the people ex- 
posed to the oppressions of the military power. 

It is said, Mr. President, that it would be robbery to take away their 
country from the Mexicans. On this point, I would ask whether the prin- 
ciples of our Government do not guaranty to all of our citizens the full 
enjoyment of life, liberty, and property? If so, would not the extension 
of our Government throughout Mexico, give perfect security to the inhabi- 
tants, who would, in thai event, be entitled to the proiection of our laws? 
Could this be called robbery, or wonltl the right of properly be divested? 
How would the rights of individuals be, in any degree, interfered with, by 
reason of our occupation of the country, or what sort of robbery would it 
cause? It would be nothing more nor less than this, Mr. President. It 
would take from the tyrannical military chiefs the power of oppressing the 
people. It would deprive foreigners of their power and privilege to make 
use of the Government for their own purposes, in efieciing their own ag- 
grandizement and enriching themselves. It would afford the country an 
opportunity to develop its mighty resources, and prevent them from being 
monopolized by a few foreign capitalists, whose interests are in conflict 
with those of the United States. There is one thing, however, sir, thai I 
would nol be willing to do. I would not be willing to vote for a treaty of 
peace that would not secme to us the territory as far as the Sierra Madre, 
including the Californias. This is what we should have, under all the 
circumstances, to place us in position to watch the political movements 
that iTiay hereafter transpire; for if we leave Mexico in the possession of 
the priests or the military power, she will become an instrument in the 
hands of some other Government, with which to annoy and interfere with 

HIS. 



2Q 

Such an arrangement would be to (he advantage of Mexico herself, if she 
be disposed to establish a free and stable Government. The truih is, sir, 
that ihe ciiy of Mexico controls the whole of the Mexican republic. It al- 
ways has done so, even when there existed the form of a constimtion, and 
the pretence of State sovereignties. It is the heart of Mexico, and is to her 
what Paris is to France. 

The Government then being in the city of ?tIexico, it cannot effectually 
control the more distant provinces, and, consequently, the possession of 
(hem by the United Stales, to which they are contiguous, would be a real 
advantage to the Mexicans. While this benefit would enure lo Mexico, 
the good resulting to the United States from the extension of our com- 
merce, would be incalculable. Nor is this all. The Mexicans who occu- 
py the territories, lo which I have reference, have never been adequately 
protected by their Government, which, in its present exhausted condition, 
would be less able than ever to afford them secuiity. To these people th« 
advantages would be immense, growing out of the protection tl^ey would 
enjoy against Indian outrage. The roving bands of Camanches and 
other savages, are committing depredations upon them constantly, and at 
this moment there are thousands of their women and children belonging 
to the most respectable families, Vvho are held in the most hopeless captivity 
by those Indians, against whom they cannot protect themselves. There is 
not a month, or scarcely a week that passes, which does not witness out- 
rages of this sort. Then, sir, instead of being an injury to these people, it 
would be to do them the greatest service possible, to take them under our 
protection. While this territory is, comparatively, of little value to Mexi- 
co, to us it is of great importance, and to make ourselves masters of it, 
would'only be (o acquire what is justly our due, in consideration of the 
debt which Mexico owes lo us, and which she is unable lo pay in any 
other way. Our claims against Mexico are of ho ordinary kind. What 
she owes us is due, not to the Government, but to our citizens. They did 
not voluntarily part with their property, in order to create this indebtedness ; 
but Mexico, with violence and a shameless disregard of all principle, robbed 
them of what belonged to them. Most of the claimants have been for 
years, and are at present, ground down to the earth by poverty, brought 
upon them by the forcible taking of their substance by the authorities of 
Mexico. 

I do. not propose to pursue this discussion further at this time; but before 
I lake my seat, Mr. President, I will ventme the assertion, that, if partisan 
political motives be suffered to enter into and n)ingle themselves with the 
management of the present war — if protracted debate be allowed to post- 
pone the prompt and energetic action necessary lo bring it to a successful 
and honorable ternjination — and if it be continued for twelve inonlhs longer, 
Senators will find it impossible to get rid of it, until we shall make up our 
minds to annex the whole of Mexico. 



21 

TRANSLATION 

Of the Macnamara Grant of three thousand leagues of iaiid, referred 
to in the preceding remarks : 

I, Eu^enio Macnamrtra, Catholic Priest and Apostolical Missionary, lake the liberty 
of submitting to your Excellency some reflections en a subject which at this lime at- 
tracts much public attention ; 1 allude to the expectations and actual condition of 
Upper California. It does not require the gift of prophecy to foresee, that within a 
little time this fertile country Vi/ill cease to be an integral part of this Republic, unless 
some prompt and efficacious measures be adopted to restrain foreign, rapacity. The 
immediate question that presents itself is, what are the speediest and most secure 
means of avoiding such a calamity ? The unanimous voice of the country responds, 
colonizaliori. The seco^^d question is, \vhere shall we find the colonists who possess 
all the necessary qualities for an object so desirable ? Ceriainly not in Mexico; and 
as little in any of its dependencies, which are so thinly peopled. We have then to 
recur to Europe, which abounds with an excess of populaiion. What people of this 
ancient continent is best calculated for the ends of colonization — best adapted to the 
religion, character, and temperament of the inhabitants of Mexico ? Emphatically, I 
answer the Irish ; the Irish are devout Catholics, moral, industrious, sober, and brave. 

For this reason, I propose, v/ith the aid and approbation of your Excellency, to carry- 
forward this project, to place in Upper California a colony of Irish Catholics. I have 
a triple object in making this proposition ; I wish in the 6rst place to advance 
the cause of Catholicism; in the second, to contribute to the happiness of my 
countrymen ; and thirdly, I desire to put an obstacle in the way of further usurpations 
on the part of an irreligious and anti Catholic nation. I therefore propose to your 
Excellency, that there be conceded to me an extent of territory on the coast of Upper 
California, for the purpose 1 have indicated. 

I would prefer, with the permission of your Excellency, to place the first colonists 
«n the bay of San Francisco. Your Excellency will agree with me, th^it this would 
be a proper step, when it is remembered that the Americans have possession of Bo- 
dega, a post abandoned by the Russians, situated a little to the north of San Francisco. 
1 should bring, for a beginning, one thousand families; afterwards, should it appear 
weil to your Excellency, I Would establish a second colony near Monterey, and a third 
at Santa Barbara. By this means, the entire coast (by which most danger is to be 
expected) would be completely secured against the invasion and pillages ot foreigners. 

For each family that I bring I will require the land that cdftiposes " un sitio de 
ganado mayor," a square league containing four thousand four hundred and twenty- 
eight acres, to be given free of all cost ; liliewise, that the children of the colonists, 
when they marry, shall receive a half sitio, 2214 acres, as a national gift. 

I should likewise require an exemption from the payment of all classes of contriba- 
tions for a certain number of years ; that the colonists, on taking possession of their 
land, shall consider themselves under the protection of the Governmen!, aad shall en- 
joy all their rights. 

There are other points of less importance which I do not teuch npon now, as they 
ean be discussed to more advantage hereafter. I have the satisfaction to be able to 
say, that the proposiiions have merited the fullest approbation of the most illustrious 
archbishop, the venerable head of the church in this country. This project, which I 
lay before yonr Excellency, ought to be effected on an extended and liberal footing, 
in order to be positively beneficial to the country. 

Thus, in a few words, I have manifested my opinion on this important subject, and 
feave presented some ideas pertinent to it, which, if generously carried into eflect, may 
dispense happiness to many, and in the end, tend to the consolidation and iutej-'rity of 
tkis great [icpublic. 

I have the honor to be very respectfully, 

Your Excellency's most obediee; servant, 

EUGENIC MACNAMARA. 
To (he most E.tcelienl Senor Preside7ii 

of lite R '^public of Mexico. 



No. 2. 
To the most excellent Serto7- President nf the Republic nf Mexico: 

By the final hesitation of the Supreme Government to enter immediately on the 
(question of establishing an Irish Colony in California, it appears that the pri.;cipal and 



23 

only objection to fulfilioj the enterprize, is the difficulty of obtaioin? sufficient pecu- 
niary means lo pay the expenses of transporting the colonists to the place of their 
destination. 

This objection appears sufficiently well founded ; but I think I shall be able to show 
to your Excellency, in a few words, that it is very easy to overcome, and that the ob- 
ject may be realized without ths Government finding it necessary to spend a single 
dollar. 

I beg your Excellency to be pleased to take into consideration what I have before 
expressed, I believe sufficient money for the transportation of the colonists can be 
obtained. In the first place, iheie are in my country many fathers of families who, 
after selling ilie little land they possess, their cattle, furniture, &:c , would be able to 
command two or three hundred dollars, with which sum they would have nearly 
enough to cover the expens? of the voyage, and of their families. But as it will be 
necessary to convey many other families who lack the means for paying the expenses 
of their transportation, such as priests, physicians, mechanics, young women, frc , it 
will be necessary to obtain money for the purpose; and I am of opinion that if the 
Supreme Government should assign me, in California, a quantity of land sufficient to 
hypothecate. I would be able to obtain money in my country upon the land. 1 believe, 
in the second place, that the Supreme Government should agree to cede to me, for a 
certain period of lime, for the use of the colonists, the duties on importation of the 
port of San Francisco. This last proposal, may be conceded ihe more readily, inas- 
much as the Supreme Government does not receive much benefit from the duties oa 
importation of that port. 

In this manner, I believe I have shown to the mast excellent Senor President, in a 
few words, resources easy to be realized, and with v/hich may be set aside all the ob- 
jections that are presented, as I have demonstrated at the beginning, without the Gov- 
ernment beina: compelled to make any expenditure. 

Your Excellency will excuse me that 1 take the liberty further to demonstrate that 
no time ought to be lost in this important affair, if it is desired to be realized, 
since your Ej:cellency knows well enough that we are surrounded by an artful and 
ba?e enemy, who lose!* no means, however bad, to possess himself of the best territo- 
ij f thii ccuiuty and who abhors to the death its race and its religion. 

I .the means which I propose be not speedily adopted, your Excellency may be as- 
sured ihdt before ano;her year the Californias will form a part of the American Union, 
their Caih; lie inhabiiants will become the prey of tne Methodist wolves, and the whole 
country will be inundated with thee cruel invaders. Whilst I propose the means of 
repelling them, my propositions ought to be tlie more admissible, inasmuch as I have 
no personal interest in the affair, save the progress of the holy religion of God, and 
the happiness of my countrymen. 

As for the fidelty and adhesion of these to the Mexican Government, I answer with 
my life; and according as may be drawn a sufficient number of colonists, (at least 
10,000 men) and I am of opinion, and may assure with ceriainiy, that the number will be 
sufficient to repel at the same lime the secret intrigues and the open attacks of the 
American usurpers. 

I have the honor lo be your Excellency's 

Most respectful and obedient servant, 

EUGENIO MACNAMARA, 4;)os. Afi'.ss. 



Ministry/ of Foreign Affairs, Government and Policy. 

Having heard the opinion of the Council on the project of colonization in California, 
presented by you lo (lie Supreme Govern nenf, the Government, in accordance with the 
opinion of that body, has determined that, in view of the necessity wliich exists for 
some efft-ciive measures on that subject, and on oiher concessions proper for the 
action of the Legislature, ihe matter will be referred, together with your memorial, 
to the chanibers. 

I stale this to you for your information, remarking that the subject will be thus at- 
tended to in a convenient time. 

God and Liberty, Mexico, January 19, 181G. 
Very Reverend Father Mac.vamara, CASTILLO LAURAS. 

Apostolical Missionary, 



23 

Eagfenio Macnamara, native of Ireland, Catholic Priest, and Apostolical MissionarVr 
respectfully represents to your Excellency that he has arrived in this department with 
the object of undertaking the establishment of a colony of his countrymen here, to 
which end he has received the benign co-operation of the venerable and iliusirious 
Archbishop of Mexico, and the cordial recognition of the Supreme Govtrnment, who 
have recommended me to come in person to this Department to select land adapted to 
the said object, and exhibit to your Excellency my projet of colonization, with the cus- 
tomary forma'ities. 

I have the honor to present to your Excellency my plan, which is in substance as 
follows : 

I contract with the Government to introduce into this Department in the shortest 
time pi tsihle. two thousand Caiholic Irish families, industrious and sober, the whole 
nurnber of whom would be ten thousand souls, who as soon as they arrive would 
consider ihemselve;* bound by and submit to the estab ished laws, and lend their ser- 
Tices to i\ie legitimate Governnitnt in defence of California, against all enemies Avho 
might invade her, maintain internal peace, and, in fine, dedicate their efforts to the 
prosperity and advancement of this country. 

I solicit then, thiU your Excellency will be pleased to adjudicate to me in ov/nership, 
the land situated between the river Joaquin, from iis source to its mouth, and ihe Si- 
erra Nevada ; the limiis being the river Cosumne on the nortli, and on ihe south, the 
extremity of the Tulares, in the neighborhood of San Gabriel. 

I beg your Excellency will be pleased lo look favorably on my proposition, and to 
give the order that I have asktd, which will undoubtedly tend to the happiness of 
California, and in a great measure to fulfil my ardent desires to propagate that reli- 
gion we profess, and at the same time be useful to my countrymen. 

Santa Barbara, July 1, 1846. EUGENIC) MACNAMARA, 

Missionary Apostolic, 

I^ote on the margin of the preceding. 

Government of the Department of California, 

Santa Barbara, \st July, ]S16. 
Sent to the Excellent Departmental Assembly, that it will be pleased to give its- 
advice upon the matter of the petition, and afterwards return it to this GovernmeuS 
for its final action. PICO, 



Department of Relatio:»s, 

Mexico, \Uh August, 1S45. 
To Senor Don Jose Ma Hi-jar, Monterey. 

My Dear and e^^teemed FniEND: The Irish priest, Macnamara, goes to that De*- 
partment (California) with the expedition in cl arge of Senor Col. Don Ignacio Ynies- 
ira, and takes a project of colonization with Iri^h families. 

Among the very honorable persons who have recommended this ecclesiastic to me-, 
the most illustrious St-nor Archbishop has done so very warmly ; and desiring to grati- 
fy them in an affair that may be o' advantage to the country, 1 make the same recom- 
mendation to you, charsing you to examine well his project, an'l inform the Govern- 
ment of what he may offer, in order that it may determine what is suitable; and like- 
wise that you facilitate him as far as in your power, and make his residence in the De- 
partment agreeable. 

I repeat that I am your very affectionate friend and servant, 

LUIS G. CUEVAS. 
You will speak on the subject with H. E. the Senor Governor, in order that, in view 
of his advice and opinion, the Government may decide the more intelligently. 

L. G. C. 



Assembly of the Department of the Californias. 
Most Excellent Sir: Accompanying is sent to your Excellency a copy of the re- 
port of the special committee, approved by this honorable assembly, in a sitting extra- 
ordinary of this da-f, relative to the prijet of colonization presented to your Excellency 
by the l-'enor Priest Don Eugenio Riacnamara; and inform your Excellency that tliis 
body agrees with the sentiments expressed by your Excellency in your official letter of 



24 . 

{he 21ih June last, expressing your opinion and great desire that the said enterprise 
should be carried into effect. 

I have the honor to communicate it to your Excellency according to a resolution of 
the honorable assembly, and in reply to your note above mentioned, and at the same 
time to renew the most sincere considerations of my esteem. 

(Signed) FRANCISCO FIGUEROA, President. 

NARCISO BOTELLA, Second Vocal. 

God and Liberty. Angei.es, July 7, IS 16. 

To the Most Excellent Constitutional Governor of the Californias. 



Pio Pico, Constitutional Governor of the Department of the Californias. 

Whereas the priest Don Eugenio Macnamara has applied, for the purpose of estab- 
lishing a colony ,,f Irish families, to be apportioned lands in the interior of this de- 
partment, which are now Vt'-aste ; considering the advantage which would result to the 
country from the occupation of those regions hitherto desert, alike in the advancement 
of agriculture and the increase of commerce, the arts, and industry, and in the propa- 
gation of the faith ; and that it would at the same time, secure the Department from 
the frequen' incursions of the savages, who have heretofore diminished the wealth of 
the country by their repeated robberies; and, moreover, that the increase of the num- 
ber of settlements by respectable families, would preserve the national integrity and 
independence, supposing they would be so many more Mexican citizens, in which case 
they would add to t!ie growth of the country : Haviua: first made the diligent exami- 
nation required by the laws and regulations of colonization, using the powers which 
are conferred upon me in the name of the Mexican nation, and in accordance with the 
advice of the Departmental Assembly, I hereby concede, for the colonization of Irish 
families, the apportionment of lands which has been solicited by the said Father Mac- 
namara, with the reservation of the approval of the Supreme National Government, 
and under the following conditions : 

1. There shall be conceded to the Irish colony the unoccupied lands which are found 
in the interior of the Department, beyond the twenty boundary leagues [fuera de las 
virute lf<ruas limit irofes) on the river San Joaquin, from its source to its mouth, and 
the Sierra Nevada; the boundaries being, the river Cosumne on the north, and on the 
south the extremiiy of the Tulares, in the vicinity of San Gabriel ; within which 
limits, the families which compose the colony may establi-h their settlements under 
proper regulations, with the understanding, that although they shall have liberty to 
enclose what is set apart to each one, it shall be without prejudice to paths, roads, and 
public uses. 

2. The f^imilies who shall establish themselves, shall have the free and exclusive 
enjoyment of the lands allotted to them, for such use or cultivation as they prefer; but 
they shall not in any manner have power, either separately, or as a colony, to volun- 
tarily alienate to any foreign nation, nor to pass to any other dominion by hypotheca- 
tion, or on any pretext whatever, unless with the consent of the Mexican nation. 

3. In the settlements which the said colony may establish, they shall have power, , 
should they have an excess of lands, to receive other inhabitants, of any citizens or 
families whatever resident in the Department, or of other persons Vv'ho may have the 
requisite prescribed by the laws ; these latter to be considered a ^ enjoying the privi- 
leges conceded to the respective municipalities in the commons and private lauds al- 
lotted to each settlement. 

4. As there are to be three thousand families composing the colony, there shall be 
adjudicated to each one a single " silio de ga?iado ■maynr'''' (4428) acres in the district 
aforesaid ; and if this should not suffice, they must be limited to that which is found. 
Should fewer than the three thousand families arrive, all the excess of land between 
these limits shall remain for the benefit of the nation, and may be allotted to Mexican 
families. 

Wherefore, I order, that, holding the tide to be firm and valid, it be recorded in 
the proper books, and be delivered to the interested party for his security and use. 

Given at Santa Barbara, on common paper, on account of having none that is stamped, 
this fourth day of the month of July, vear one thousand eight hundredjijAfortv-six. 

Jose Marias Moreno, Secretary, ad inlerim, recorded, &e- 



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